AN ACT to amend the legislative law,
in
relation to apportionment of congressional, senate and assembly
districts; and to repeal section 83-m of such law
relating to the legislative task force on demographic research and
reapportionment

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN
SENATE AND
ASSEMBLY, DO ENACT AS
FOLLOWS:

S 4. The legislative law is amended by adding a new article 6-A to read as follows:

ARTICLE
6-A
APPORTIONMENT OF
CONGRESSIONAL
AND STATE LEGISLATIVE
DISTRICTS

1. THERE IS A NEED FOR
INTENSIVE AND
THOROUGH STUDY, RESEARCH AND INQUIRY INTO THE TECHNIQUES AND
METHODOLOGY TO BE USED BY THE BUREAU OF THE CENSUS OF THE
UNITED STATES COMMERCE DEPARTMENT IN CARRYING OUT THE DECENNIAL FEDERAL
CENSUS;

2. A TECHNICAL PLAN WILL BE NEEDED TO
MEET THE
REQUIREMENTS OF A LEGISLATIVE TIMETABLE FOR A
REAPPORTIONMENT OF THE SENATE AND ASSEMBLY DISTRICTS AND THE
CONGRESSIONAL DISTRICTS OF THE STATE BASED ON
SUCH CENSUS;
AND

3. THE APPORTIONMENT COMMISSION IS NECESSARY TO ASSIST
THE LEGISLATURE
IN THE PERFORMANCE OF ITS RESPONSIBILITIES AND IN THE CONDUCT OF
LEGISLATIVE RESEARCH PROJECTS RELATING
THERETO.

S 94. APPORTIONMENT NOMINATIONS COMMITTEE. 1. ON
OR BEFORE
THE FIRST OF DECEMBER OF EACH YEAR, THERE SHALL
BE ESTABLISHED AN APPORTIONMENT NOMINATIONS COMMITTEE TO SELECT THOSE
PERSONS WHO SHALL BE ELIGIBLE TO BE APPOINTED
AS MEMBERS OF THE APPORTIONMENT COMMISSION
CREATED IN SECTION NINETY-SIX OF THIS ARTICLE. EACH SUCH COMMITTEE
SHALL REMAIN IN EXISTENCE UNTIL ITS DUTIES PURSUANT TO SECTION
NINETY-FIVE OF THIS ARTICLE HAVE BEEN
COMPLETED.

2. THE APPORTIONMENT NOMINATIONS COMMITTEE SHALL
BE COMPOSED OF
EIGHT MEMBERS, APPOINTED AS
FOLLOWS:

(A) ONE MEMBER SHALL BE APPOINTED BY THE PRESIDING JUDGE OF
THE
COURT OF
APPEALS;
(B) ONE MEMBER SHALL BE APPOINTED BY THE ATTORNEY GENERAL; (C) ONE MEMBER SHALL BE APPOINTED BY THE STATE COMPTROLLER; (D) ONE MEMBER SHALL BE APPOINTED BY THE
GOVERNOR;
(E)
ONE MEMBER SHALL BE APPOINTED BY THE TEMPORARY
PRESIDENT OF THE
SENATE;
(F) ONE MEMBER SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY; (G)
ONE MEMBER SHALL BE APPOINTED BY THE
MINORITY LEADER OF THE SENATE;
AND
(H) ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF
THE
ASSEMBLY.

3. THE APPORTIONMENT NOMINATIONS COMMITTEE
SHALL DESIGNATE
ITS CHAIR FROM AMONG ITS MEMBERS BY A SIMPLE
MAJORITY VOTE OF ALL MEMBERS, PROVIDED
THAT IN THE EVENT OF A TIE VOTE, THE PRESIDING JUDGE
OF THE COURT OF APPEALS SHALL DESIGNATE THE CHAIR OF SUCH COMMITTEE
FROM AMONG ITS
MEMBERS.

4. THE MEMBERS OF THE APPORTIONMENT
NOMINATING COMMITTEE SHALL BE REGISTERED VOTERS IN THIS STATE. NO
MEMBER OF SUCH COMMITTEE SHALL:

(A)
HOLD OR HAVE HELD WITHIN THE PREVIOUS TWO YEARS AN ELECTED
GOVERNMENTAL
OFFICE;
(B) HOLD OR HAVE HELD WITHIN THE PREVIOUS TWO YEARS ANY OTHER PARTISAN
APPOINTED GOVERNMENTAL OR POLITICAL PARTY
POSITION;
(C)
BE EMPLOYED OR HAVE BEEN EMPLOYED WITHIN THE PREVIOUS TWO YEARS IN
ANY OTHER POSITION BY THE UNITED STATES CONGRESS, THE STATE
LEGISLATURE OR THE EXECUTIVE
CHAMBER;
(D) BE OR HAVE BEEN WITHIN THE PREVIOUS TWO YEARS A REGISTERED
LOBBYIST IN THIS STATE PURSUANT TO ARTICLE ONE-A OF THIS
CHAPTER;
(E)
BE THE SPOUSE OF ANY MEMBER OF THE UNITED STATES
CONGRESS, THE STATE LEGISLATURE OR THE EXECUTIVE CHAMBER;
OR
(F) BE RELATED WITHIN THE THIRD DEGREE OF
CONSANGUINITY TO ANY
MEMBER OF THE UNITED STATES CONGRESS, THE STATE LEGISLATURE
OR THE EXECUTIVE CHAMBER, OR TO THE SPOUSE OF ANY SUCH
PERSON.

5. THE MEMBERS OF THE
APPORTIONMENT
NOMINATIONS COMMITTEE SHALL RECEIVE NO COMPENSATION FOR THEIR
SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND
NECESSARY EXPENSES INCURRED IN THE PERFORMANCE
OF THEIR
DUTIES.

6. THE MEMBERS OF THE APPORTIONMENT
NOMINATIONS
COMMITTEE SHALL BE APPOINTED AND SERVE FOR THE DURATION OF
SUCH COMMITTEE. ALL VACANCIES IN THE MEMBERSHIP OF SUCH COMMITTEE
SHALL BE FILLED IN THE MANNER PROVIDED FOR ORIGINAL
APPOINTMENTS.

S 95. POWERS AND DUTIES OF COMMITTEE. 1. THE
APPORTIONMENT NOMINATIONS
COMMITTEE SHALL HAVE THE POWER AND DUTY TO ANNUALLY, ON OR
BEFORE THE FIRST OF MARCH, ESTABLISH A LIST OF FORTY
PERSONS WHO SHALL BE ELIGIBLE TO BE APPOINTED AS MEMBERS OF THE
APPORTIONMENT COMMISSION. SUCH LIST SHALL
HEREINAFTER BE REFERRED TO IN THIS ARTICLE AS THE
"NOMINATIONS
POOL".

2. THE MEMBERS OF THE APPORTIONMENT NOMINATIONS
COMMITTEE SHALL BY MAJORITY VOTE SELECT EACH PERSON TO BE
INCLUDED IN THE NOMINATIONS POOL. UPON COMPLETION OF SUCH POOL,
SUCH COMMITTEE SHALL SUBMIT A COPY OF THE NOMINATIONS POOL TO THE
PRESIDING JUDGE OF THE COURT OF APPEALS, THE
ATTORNEY GENERAL, THE STATE COMPTROLLER, THE
GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE
ASSEMBLY, THE MINORITY LEADER OF THE SENATE AND THE MINORITY LEADER OF
THE ASSEMBLY.

3.
THE NOMINATIONS POOL SHALL
INCLUDE:

(A) FIFTEEN PERSONS WHO ARE ENROLLED AS
DEMOCRATS;
(B) FIFTEEN PERSONS WHO ARE ENROLLED AS REPUBLICANS;
AND
(C)
TEN PERSONS WHO ARE NOT ENROLLED AS EITHER DEMOCRATS OR
REPUBLICANS.

4. PERSONS SELECTED TO THE NOMINATIONS POOL SHALL BE
REGISTERED VOTERS
IN THIS STATE. NO SUCH PERSON
SHALL:

(A) HOLD OR HAVE HELD WITHIN THE PREVIOUS TWO YEARS AN
ELECTED
GOVERNMENTAL
OFFICE;
(B) HOLD OR HAVE HELD WITHIN THE PREVIOUS TWO YEARS ANY OTHER PARTISAN
APPOINTED GOVERNMENTAL OR POLITICAL PARTY
POSITION;
(C)
BE EMPLOYED OR HAVE BEEN EMPLOYED WITHIN THE PREVIOUS TWO YEARS IN
ANY OTHER POSITION BY THE UNITED STATES CONGRESS, THE STATE
LEGISLATURE OR THE EXECUTIVE
CHAMBER;
(D) BE OR HAVE BEEN WITHIN THE PREVIOUS TWO YEARS A REGISTERED
LOBBYIST IN THIS STATE PURSUANT TO ARTICLE ONE-A OF THIS
CHAPTER;
(E)
BE THE SPOUSE OF ANY MEMBER OF THE UNITED STATES
CONGRESS, THE STATE LEGISLATURE OR THE EXECUTIVE CHAMBER;
OR
(F) BE RELATED WITHIN THE THIRD DEGREE OF
CONSANGUINITY TO ANY
MEMBER OF THE UNITED STATES CONGRESS, THE STATE LEGISLATURE
OR THE EXECUTIVE CHAMBER, OR TO THE SPOUSE OF ANY SUCH
PERSON.

5. (A) THE NOMINATIONS POOL
SHALL INCLUDE
PERSONS FROM EACH OF THE FOLLOWING REGIONS OF THE
STATE:
(I) LONG
ISLAND;
(II) NEW YORK
CITY;
(III) HUDSON
VALLEY;
(IV)
NORTHERN;
(V)
CENTRAL;
(VI) SOUTHERN TIER;
AND
(VII)
WESTERN.

6. TO THE EXTENT PRACTICABLE, THE APPORTIONMENT NOMINATIONS
COMMITTEE SHALL ENSURE THAT THE NOMINATIONS
POOL REFLECTS THE DIVERSITY OF THE RESIDENTS OF THE STATE WITH REGARD
TO RACE, ETHNICITY AND GENDER.

S 96. APPORTIONMENT COMMISSION.

1. THERE SHALL BE CREATED AN APPORTIONMENT COMMISSION
TO ASSIST THE LEGISLATURE IN THE REAPPORTIONMENT OF CONGRESSIONAL,
SENATE AND ASSEMBLY DISTRICTS BASED ON THE ENSUING FEDERAL CENSUS,
PURSUANT TO SECTION TWO OF ARTICLE ONE OF THE UNITED STATES
CONSTITUTION AND SECTIONS FOUR AND FIVE OF ARTICLE
THREE OF THE STATE CONSTITUTION.

2.
THE APPORTIONMENT COMMISSION SHALL BE COMPOSED OF ELEVEN
MEMBERS, APPOINTED FROM THE NOMINATIONS POOL AS
FOLLOWS:

(A) TWO MEMBERS SHALL BE APPOINTED BY THE
TEMPORARY
PRESIDENT OF THE
SENATE;
(B) TWO MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY; (C)
TWO MEMBERS SHALL BE APPOINTED
BY THE MINORITY LEADER OF THE
SENATE;
(D) TWO MEMBERS SHALL BE APPOINTED BY THE
MINORITY LEADER OF THE ASSEMBLY;
AND
(E) THREE MEMBERS SHALL BE APPOINTED, ON OR
BEFORE THE
THIRTIETH DAY AFTER A VACANCY IN ANY SUCH POSITION
OCCURS, BY THE EIGHT MEMBERS APPOINTED
PURSUANT TO PARAGRAPHS (A) THROUGH (D) OF THIS SUBDIVISION BY A VOTE OF
NOT LESS THAN SIX MEMBERS IN FAVOR OF EACH SUCH
APPOINTMENT, AND EACH VACANCY IN ANY POSITION FILLED PURSUANT TO THIS
PARAGRAPH SHALL BE DEEMED TO CREATE VACANCIES IN ALL THREE POSITIONS
HELD BY THE MEMBERS SO APPOINTED; PROVIDED THAT ANY SUCH MEMBER
MAY BE REAPPOINTED PURSUANT TO THIS PARAGRAPH. IN THE EVENT THAT THREE
MEMBERS ARE NOT APPOINTED ON OR BEFORE THE THIRTIETH DAY
AFTER A VACANCY IN ANY SUCH POSITION OCCURS
IF:

(I) TWO PERSONS ARE APPOINTED WITH THE REQUIRED SIX
VOTES AND NO OTHER
PERSON RECEIVES SIX VOTES, THE THIRD SUCH MEMBER SHALL BE
APPOINTED BY THE PRESIDING JUDGE OF THE COURT OF APPEALS WITHIN
THIRTY DAYS
THEREAFTER;
(II) ONE PERSON IS APPOINTED WITH THE
REQUIRED SIX
VOTES AND NO TWO OTHER PERSONS RECEIVE SIX VOTES, THE TWO
PERSONS RECEIVING THE MOST VOTES SHALL BE APPOINTED
AS MEMBERS;
AND
(III) NO THREE PERSONS RECEIVE SIX VOTES, THE TWO
PERSONS RECEIVING THE MOST VOTES SHALL BE APPOINTED AS MEMBERS AND THE
THIRD MEMBER SHALL BE APPOINTED BY THE PRESIDING JUDGE OF THE
COURT OF
APPEALS.

(F)
THE CHAIR SHALL BE DESIGNATED,
FROM AMONG THE THREE MEMBERS APPOINTED PURSUANT TO PARAGRAPH (E)
OF THIS SUBDIVISION, BY A SIMPLE MAJORITY
VOTE OF ALL MEMBERS OF THE COMMISSION; PROVIDED THAT
IF THE COMMISSION FAILS TO DESIGNATE A CHAIR, THE CHAIR SHALL BE
DESIGNATED BY THE PRESIDING JUDGE OF THE COURT OF
APPEALS.

3. (A) NO MORE THAN FOUR MEMBERS OF THE APPORTIONMENT
COMMISSION SHALL
BE ENROLLED IN THE SAME POLITICAL
PARTY.
(B) TO THE EXTENT PRACTICABLE, THE
MEMBERS OF THE APPORTIONMENT COMMISSION SHALL REFLECT THE
DIVERSITY OF THE RESIDENTS OF THIS STATE WITH REGARD
TO RACE, ETHNICITY, GENDER AND GEOGRAPHIC
RESIDENCE.

4. THE MEMBERS OF THE APPORTIONMENT
COMMISSION SHALL SERVE AT THE PLEASURE OF THE OFFICIAL WHO APPOINTED
THEM, PURSUANT TO SUBDIVISION TWO OF THIS SECTION. VACANCIES IN THE
MEMBERSHIP OF THE COMMISSION SHALL BE FILLED IN THE MANNER
PROVIDED FOR ORIGINAL
APPOINTMENTS.

5.
THE MEMBERS OF THE APPORTIONMENT COMMISSION AND ALL EMPLOYEES
THEREOF SHALL BE DEEMED TO BE LEGISLATIVE
EMPLOYEES.

6. THE MEMBERS OF THE
APPORTIONMENT
COMMISSION SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES, BUT
SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR DUTIES PURSUANT TO THIS
ARTICLE.

7. A MINIMUM OF EIGHT MEMBERS OF THE
APPORTIONMENT
COMMISSION SHALL CONSTITUTE A QUORUM FOR THE TRANSACTION OF
ANY BUSINESS OR THE EXERCISE OF ANY POWER OF SUCH COMMISSION, PROVIDED
THAT NO EXERCISE OF ANY POWER OF THE APPORTIONMENT COMMISSION
SHALL OCCUR WITHOUT THE AFFIRMATIVE VOTE OF SEVEN MEMBERS
THEREOF.

S 97. POWERS AND DUTIES OF COMMISSION.
THE
APPORTIONMENT COMMISSION SHALL HAVE THE POWER AND DUTY
TO:

1. EMPLOY AND AT PLEASURE REMOVE SUCH PERSONNEL AS IT
MAY DEEM
NECESSARY FOR THE PERFORMANCE OF ITS FUNCTIONS
AND FIX THEIR COMPENSATION WITHIN THE AMOUNTS MADE AVAILABLE
THEREFOR;

2. MEET WITHIN AND WITHOUT THE STATE, HOLD PUBLIC
HEARINGS AND HAVE ALL THE POWERS OF A LEGISLATIVE COMMITTEE PURSUANT TO
THIS CHAPTER;

3. REQUEST, RECEIVE AND UTILIZE SUCH FACILITIES, RESOURCES AND DATA OF
ANY DEPARTMENT, DIVISION, BOARD, BUREAU, COMMISSION OR
AGENCY OF THE STATE OR ANY POLITICAL SUBDIVISION
THEREOF AS IT MAY REASONABLY REQUEST TO PROPERLY CARRY OUT ITS POWERS
AND DUTIES PURSUANT TO THIS ARTICLE;

4.
ACQUIRE AND UTILIZE ALL MATERIALS AND EQUIPMENT NECESSARY TO
ESTABLISH APPORTIONMENT PLANS PURSUANT TO SECTION NINETY-EIGHT OF
THIS
ARTICLE;

5. PREPARE THE NECESSARY DESCRIPTIONS FOR THE
GEOGRAPHIC UNITS OF
THE STATE FOR USE BY THE FEDERAL CENSUS BUREAU IN REPORTING DECENNIAL
FEDERAL CENSUS
DATA;

6. ENGAGE IN SUCH RESEARCH STUDIES AND OTHER
ACTIVITIES AS
NECESSARY OR APPROPRIATE IN THE PREPARATION AND FORMULATION
OF A REAPPORTIONMENT PLAN FOR THE NEXT ENSUING
REAPPORTIONMENT OF SENATE AND ASSEMBLY
DISTRICTS AND CONGRESSIONAL DISTRICTS OF THE STATE AND IN
THE UTILIZATION OF CENSUS AND OTHER DEMOGRAPHIC AND
STATISTICAL DATA FOR POLICY ANALYSIS,
PROGRAM DEVELOPMENT AND PROGRAM EVALUATION PURPOSES FOR THE
LEGISLATURE;

7. SELL SURVEYS, DATA, COPIES OF TABULATIONS AND OTHER
SPECIAL
STATISTICAL COMPILATIONS AND MATERIALS TO
DEPARTMENTS, AGENCIES AND OTHER ENTITIES
OF FEDERAL, STATE OR LOCAL GOVERNMENT, OF FOREIGN
COUNTRIES, AND TO PUBLIC BENEFIT CORPORATIONS, OR OTHER PUBLIC,
NOT-FOR-PROFIT AND PRIVATE PERSONS AND AGENCIES, UPON
PAYMENT OF FEES AT LEAST SUFFICIENT TO PAY THE ACTUAL OR ESTIMATED COST
OF SUCH PROJECTS. IN FURTHERANCE OF SUCH SALE, THE APPORTIONMENT
COMMISSION MAY EXECUTE CONTRACTS FOR SUCH
PURPOSE;

8. PREPARE MAPS OF CITIES,
TOWNS
AND COUNTIES OF THE STATE FOR DESCRIBING CONGRESSIONAL,
SENATE AND ASSEMBLY DISTRICTS, AND PREPARE
APPORTIONMENT PLANS AND
LEGISLATION;

9. PROMULGATE AND MAKE AVAILABLE TO THE
PUBLIC, IN PRINT
FORM AND IN ELECTRONIC FORM ON THE INTERNET, ALL RULES AND
REGULATIONS ESTABLISHING THE PROCEDURES AND
STANDARDS FOR DETERMINING THE COMPETITIVENESS OF PROPOSED
DISTRICTS;
AND

10. MAKE AVAILABLE TO THE PUBLIC IN PRINT FORM AND IN
ELECTRONIC
FORM ON THE INTERNET ALL APPORTIONMENT PLANS, INFORMATION
ON THE MEMBERS OF THE APPORTIONMENT COMMISSION AND ALL OTHER RELEVANT
INFORMATION DERIVED FROM THE OPERATION OF THIS
ARTICLE.

S 98. APPORTIONMENT.

1.
THE APPORTIONMENT COMMISSION, SHALL UPON RECEIPT
OF THE FEDERAL DECENNIAL CENSUS FOR THE STATE, BEGIN TO
ESTABLISH A PLAN FOR THE APPORTIONMENT OF CONGRESSIONAL, SENATE
AND ASSEMBLY DISTRICTS IN THE
STATE.

2. THE APPORTIONMENT COMMISSION SHALL PREPARE APPORTIONMENT
PLANS IN ACCORDANCE WITH SECTION TWO OF ARTICLE ONE OF THE
UNITED STATES CONSTITUTION, SECTIONS FOUR AND FIVE OF ARTICLE THREE OF
THE STATE CONSTITUTION AND IN A MANNER THAT ENSURES
THE FAIR AND EFFECTIVE REPRESENTATION OF RACIAL AND LANGUAGE MINORITY
GROUPS COVERED BY THE FEDERAL VOTING
RIGHTS ACT OF 1965. THE CONGRESSIONAL DISTRICTS AND
STATE LEGISLATIVE DISTRICTS SHALL:

(A) BE OF SUBSTANTIAL EQUALITY OF POPULATION WITH OTHER CONGRESSIONAL,
SENATE AND ASSEMBLY DISTRICTS, PROVIDED THAT, FOR SENATE
AND ASSEMBLY DISTRICTS, NO SUCH DEVIATION
SHALL EXCEED ONE PERCENT OF THE AVERAGE POPULATION OF ALL SENATE OR
ASSEMBLY
DISTRICTS;

(B) BE COMPOSED OF COMPACT AND CONTIGUOUS TERRITORY,
PROVIDED THAT LAND AREAS SEPARATED BY A WATERWAY SHALL NOT BE
INCLUDED WITHIN THE SAME DISTRICT UNLESS SUCH WATERWAY IS TRAVERSED BY
A HIGHWAY BRIDGE OR TUNNEL WHICH BEGINS AND TERMINATES WITHIN THE
SAME SUCH DISTRICT, EXCEPT THAT, POPULATION PERMITTING, ISLANDS
NOT CONNECTED TO THE MAINLAND OR ANOTHER ISLAND BY A HIGHWAY BRIDGE OR
TUNNEL SHALL BE IN THE SAME DISTRICT AS THE NEAREST
LAND AREA WITHIN THE SAME POLITICAL
SUBDIVISION;

(C) BE DRAWN SUCH THAT THE NUMBER
OF COUNTIES WHOSE TERRITORY IS DIVIDED AMONG MORE THAN ONE DISTRICT
SHALL BE AS SMALL AS POSSIBLE AND, WITHIN COUNTIES SO DIVIDED,
THE NUMBER OF TOWNS AND CITIES DIVIDED AMONG MORE THAN ONE DISTRICT
SHALL BE AS SMALL AS
POSSIBLE;

(D)
TO THE EXTENT PRACTICABLE, COINCIDE WITH
CITY, TOWN AND COUNTY
BOUNDARIES;

(E) TO THE EXTENT PRACTICABLE, EACH ASSEMBLY DISTRICT SHALL BE ENTIRELY
WITHIN A SINGLE SENATE DISTRICT, AND TO THE EXTENT
CONSISTENT WITH THE PROVISIONS OF
PARAGRAPH (C) OF THIS SUBDIVISION, NO
ASSEMBLY DISTRICT SHALL BE WITHIN MORE THAN TWO SENATE
DISTRICTS;

(F)
TO THE EXTENT CONSISTENT WITH THE PROVISIONS OF PARAGRAPH
(C) OF THIS SUBDIVISION, NO SENATE
DISTRICT SHALL INCLUDE MORE THAN THREE ASSEMBLY
DISTRICTS;

(G) NOT BE DRAWN WITH AN INTENT TO FAVOR OR
OPPOSE ANY POLITICAL PARTY, OR ANY INCUMBENT FEDERAL OR
STATE
LEGISLATOR;

(H) TO THE EXTENT PRACTICABLE WITHOUT SIGNIFICANTLY
UNDERMINING THE PROVISIONS OF PARAGRAPHS (A) THROUGH (G) OF THIS
SUBDIVISION, BE DRAWN TO KEEP INTACT WITHIN A SINGLE
DISTRICT THOSE NEIGHBORHOODS AND COMMUNITIES WITH
ESTABLISHED TIES OF COMMON INTEREST AND ASSOCIATION, WHETHER
HISTORICAL, RACIAL, ECONOMIC, ETHNIC, RELIGIOUS OR OTHER;
AND (I)
TO THE EXTENT PRACTICABLE WITHOUT SIGNIFICANTLY
UNDERMINING THE PROVISIONS OF PARAGRAPHS (A) THROUGH
(G) OF THIS SUBDIVISION, BE DRAWN TO ENCOURAGE COMPETITIVE DISTRICTS,
AS DEFINED IN THE REGULATIONS OF THE APPORTIONMENT
COMMISSION.

3. DURING THE PREPARATION OF THE APPORTIONMENT PLAN, THE APPORTIONMENT
COMMISSION SHALL CONDUCT NOT LESS THAN ONE PUBLIC HEARING ON
PROPOSALS FOR THE APPORTIONMENT OF CONGRESSIONAL AND STATE
LEGISLATIVE DISTRICTS IN EACH OF THE FOLLOWING (A) CITIES: ALBANY,
BUFFALO, SYRACUSE, ROCHESTER, GLEN COVE, AND
WHITE PLAINS; AND (B) COUNTIES: BRONX, KINGS, NEW YORK, QUEENS AND
RICHMOND. PUBLIC NOTICE OF ALL SUCH HEARINGS SHALL BE
WIDELY PUBLISHED BY THE APPORTIONMENT COMMISSION IN ADVANCE
THROUGH ALL AVAILABLE MEANS. TO THE EXTENT PRACTICABLE, ALL SUCH
HEARINGS AND THE PROCEEDINGS OF THE
APPORTIONMENT COMMISSION SHALL BE TELEVISED. THE
APPORTIONMENT COMMISSION SHALL REPORT THE FINDINGS OF ALL SUCH
HEARINGS TO THE LEGISLATURE UPON SUBMISSION OF THE APPORTIONMENT PLAN
PURSUANT TO PARAGRAPH (A) OF SUBDIVISION FOUR OF THIS
SECTION.

4.
(A) ON OR BEFORE THE FIFTEENTH OF MAY IN EACH YEAR
ENDING WITH A ONE OR WITHIN SIXTY DAYS OF RECEIVING THE FEDERAL
DECENNIAL CENSUS FOR THE STATE, WHICHEVER IS LATER, THE
APPORTIONMENT COMMISSION SHALL SUBMIT TO THE LEGISLATURE
AND DISSEMINATE TO THE PUBLIC AN APPORTIONMENT PLAN FOR ALL
CONGRESSIONAL AND STATE LEGISLATIVE DISTRICTS, ALONG
WITH THE LEGISLATION NECESSARY TO
IMPLEMENT SUCH PLAN. UPON RECEIPT OF SUCH PLAN, THE
IMPLEMENTING LEGISLATION THEREFOR SHALL BE INTRODUCED IN BOTH
HOUSES OF THE LEGISLATURE WITHOUT ANY
AMENDMENTS.

(B) ON OR BEFORE THE FIRST OF JUNE FOLLOWING THE DISSEMINATION OF
THE APPORTIONMENT PLAN TO THE PUBLIC, THE
APPORTIONMENT COMMISSION SHALL CONDUCT NOT LESS
THAN ONE PUBLIC HEARING ON SUCH APPORTIONMENT PLAN IN EACH OF THE
CITIES AND COUNTIES DELINEATED IN PARAGRAPHS (A) AND (B) OFSUBDIVISION
THREE OF THIS SECTION, AND SHALL REPORT THE FINDINGS
OF ALL SUCH HEARINGS TO THE
LEGISLATURE.

(C) THE LEGISLATION INTRODUCED PURSUANT
TO PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE VOTED UPON, WITHOUT
AMENDMENT, BY BOTH SUCH HOUSES OF THE LEGISLATURE WITHIN SEVEN
DAYS AFTER THE APPORTIONMENT COMMISSION REPORTS THE FINDINGS OF ITS
PUBLIC HEARING TO THE LEGISLATURE.

5.
IF EITHER HOUSE SHALL FAIL TO APPROVE THE
LEGISLATION SUBMITTED PURSUANT TO SUBDIVISION FOUR OF
THIS SECTION, OR IF THE GOVERNOR SHALL VETO SUCH LEGISLATION AND THE
LEGISLATURE SHALL FAIL TO OVERRIDE SUCH VETO,
THE LEGISLATURE SHALL IMMEDIATELY TRANSMIT TO THE
APPORTIONMENT COMMISSION A LIST OF REASONS THAT SUCH LEGISLATION DID
NOT BECOME LAW. WITHIN TWENTY-ONE DAYS
OF THE DISAPPROVAL OF SUCH LEGISLATION, THE
APPORTIONMENT COMMISSION SHALL ESTABLISH AND SUBMIT TO THE LEGISLATURE
A SECOND APPORTIONMENT PLAN AND THE NECESSARY IMPLEMENTING LEGISLATION
FOR SUCH PLAN. UPON RECEIPT OF SUCH SECOND PLAN, THE
IMPLEMENTING LEGISLATION THEREFOR SHALL BE
INTRODUCED IN BOTH HOUSES OF THE LEGISLATURE WITHOUT ANY AMENDMENTS.
SUCH LEGISLATION SHALL BE VOTED UPON, WITHOUT
AMENDMENT, BY BOTH SUCH HOUSES WITHIN TWENTY-ONE
DAYS, BUT NOT SOONER THAN SEVEN DAYS, AFTER ITS
INTRODUCTION.

6. IF EITHER HOUSE SHALL FAIL TO APPROVE THE
LEGISLATION SUBMITTED PURSUANT TO SUBDIVISION FIVE OF
THIS SECTION, OR IF THE GOVERNOR SHALL VETO SUCH LEGISLATION AND THE
LEGISLATURE FAILS TO OVERRIDE SUCH VETO, THE
LEGISLATURE SHALL IMMEDIATELY TRANSMIT TO THE APPORTIONMENT COMMISSION
A LIST OF THE REASONS THAT SUCH LEGISLATION DID NOT
BECOME LAW. WITHIN TWENTY-ONE DAYS OF
THE DISAPPROVAL OF SUCH LEGISLATION, THE APPORTIONMENT
COMMISSION SHALL ESTABLISH AND SUBMIT TO THE LEGISLATURE A THIRD
APPORTIONMENT PLAN AND THE NECESSARY IMPLEMENTING LEGISLATION FOR
SUCH PLAN. UPON RECEIPT OF SUCH THIRD PLAN, THE IMPLEMENTING
LEGISLATION WITH ANY AMENDMENTS THE LEGISLATURE SHALL DEEM NECESSARY
SHALL BE INTRODUCED IN BOTH HOUSES OF THE
LEGISLATURE. ALL SUCH AMENDMENTS SHALL COMPLY WITH THE
PROVISIONS OF SUBDIVISION TWO OF THIS
SECTION. SUCH LEGISLATION SHALL BE
VOTED UPON BY BOTH SUCH HOUSES WITHIN TWENTY-ONE DAYS, BUT NOT SOONER
THAN SEVEN DAYS, AFTER ITS
INTRODUCTION.

7.
UPON THE FAILURE OF EITHER HOUSE OF THE LEGISLATURE TO APPROVE SUCH
LEGISLATION, OR UPON THE VETO OF SUCH LEGISLATION BY THE
GOVERNOR, THE COURT OF APPEALS SHALL
IMMEDIATELY REVIEW ALL LEGISLATION SUBMITTED PURSUANT TO THIS
SECTION TO DETERMINE WHICH APPORTIONMENT PLAN SHOULD BE ENACTED INTO
LAW.

S 99. APPLICATION OF ARTICLE. THE
PROCESS FOR APPORTIONMENT OF CONGRESSIONAL AND
STATE LEGISLATIVE DISTRICTS ESTABLISHED BY THIS ARTICLE SHALL BE THE
EXCLUSIVE MEANS BY WHICH SUCH APPORTIONMENT SHALL BE
COMPLETED IN THIS STATE. EVERY APPORTIONMENT OF
CONGRESSIONAL OR STATELEGISLATIVE
DISTRICTS PERFORMED IN VIOLATION OF THE PROVISIONS
OF THIS ARTICLE SHALL BE VOID. IN ANY
PROCEEDING RELATING TO APPORTIONMENT OF CONGRESSIONAL OR STATE
LEGISLATIVE DISTRICTS, THE COURT SHALL IMPLEMENT THE PLAN THAT
BEST SERVES THE REQUIREMENTS OF SUBDIVISION TWO OF SECTION NINETY-EIGHT
OF THIS
ARTICLE.

In Detroit, there have been three mayors in the past two years and the current one has come under scrutiny. Perhaps a system like instant runoff voting will help bring political stability to motor city.